Sussex County, DE Article XXII Off-Street Parking

§ 115-162 Requirements.

A. When any building or structure is hereafter erected or structurally altered or any building or structure is converted for any use listed below, accessory off-street parking spaces shall be provided as follows:

Use		Parking Spaces Required
Single-family dwellings, single-family manufactured homes and apartments [Amended 3-25-1997 by Ord. No. 1131; 2-2-1999 by Ord. No. 1286; 5-2-2000 by Ord. No. 1371; 10-12-2010 by Ord. No. 2152]		2 per family unit
Multifamily dwellings and townhouses [Amended 3-25-1997 by Ord. No. 1131; 2-2-1999 by Ord. No. 1286; 8-15-2006 by Ord. No. 1869]		See Subsection B.
Rooming, boarding- or tourist houses		1 per rental room, plus 2 for the resident owner or manager
Hotels, motels or lodging inns		1 1/2 per rental room or suite, plus 1 per 3 employees. If a restaurant open to the public is operated in connection with such use, additional off-street parking space meeting the minimum requirements for a restaurant must be provided
Eating places, taverns, bars and nightclubs		1 for each 50 square feet assigned for patron use, plus 1 per 2 employees on the largest shift
Indoor commercial recreation		1 per 150 square feet of floor area or 1 per 4 seats for patron use, whichever is applicable to the particular use
Offices, office buildings, banks or other financial offices		1 per 200 square feet of floor area, exclusive of basement, if not used for office or customer service purposes
Retail stores or supermarkets		1 per 200 square feet of floor area used for sales or display of merchandise purposes, plus 1 for each 2 employees on the largest shift
Beauty and barber shops or other personal services		1 per 200 square feet of floor area
Shopping centers		5 per 1,000 square feet of gross leasable area
Furniture and appliance stores		1 per 400 square feet of floor area devoted to sales and display purposes
Funeral homes		1 per 20 square feet of floor area used for seating accommodations, plus 1 per employee
Commercial nurseries, sales of outdoor equipment or furniture or sales of new and used cars, trucks, boats, manufactured homes and campers [Amended 10-12-2010 by Ord. No. 2152]		2 per salesman during peak period of employment
Car wash establishments
	Coin-do-it yourself	2 at waiting area for each lane; 1 at exit area for each lane
	Coin-operated automatic drive-through	4 at waiting area for each lane; 2 at exit area for each lane
	Employee-operated	8 at waiting area for each lane; 2 at exit area for each lane
Gasoline filling stations		2 for employees, plus 1 for each service bay
Automobile service and repair garages		1 per 500 square feet of floor area, plus 1 per employee during peak period of employment
Wholesaling or manufacturing		1 for every 2 employees on the major shift establishments
Day nurseries, day-care centers or private preschools or kindergartens		1 per 1,000 square feet of floor area, plus 1 per employee
Elementary and junior high or middle schools		3 per room used for administrative purposes, plus 1 per classroom, plus 1 for each 5 seats in the auditorium or gymnasium or other facility open to the public
Senior high, trade and vocational schools, colleges and universities		3 per room used for administrative offices, plus 1 for every 10 pupils enrolled, plus 1 for each 5 seats in the auditorium, gymnasium or other facility open to the public
Stadiums, assembly halls, theaters and community centers		1 per 4 fixed seats in the assembly area or for each 50 square feet of floor area for rooms having movable seats
Public libraries		1 per 400 square feet of floor area for public use, plus 1 per 2 employees
Nursing homes, convalescent homes and homes for the aged		1 for each 4 patient beds, plus 1 per 2 employees on the largest shift
Hospitals		1 for each 3 patient beds, except bassinets, plus 1 per medical staff member, plus 1 per 2 employees on the largest shift
Medical and dental clinics and offices		1 for each 2 employees, plus 4 per doctor or dentist
Churches or other places of worship		1 for each 4 seats

B. Multifamily dwellings and townhouses. The number of off-street parking spaces per dwelling unit shall be as indicated below:

[Amended 8-15-2006 by Ord. No. 1869]

(1) Two spaces per dwelling unit plus 0.5 space for each bedroom over three bedrooms with a maximum of three spaces per dwelling unit. For one-bedroom and efficiency units, the required number of parking spaces will be 1.5 spaces per unit.

(2) For each development in excess of 50 units, the required number of parking spaces shall be reduced by 15% from the required number of spaces set forth in Subsection B(1) above after those spaces required for the first 50 units have been provided; and for each development in excess of 200 units, the required number of parking spaces shall be reduced by 20% from the required number of spaces set forth in Subsection B(1) above after those spaces required for the first 200 units have been provided. In calculating the required parking, the number of one-bedroom and efficiency units shall be proportionally distributed if the development exceeds 50 units. When the total number of parking spaces required for a project has been reduced according to this section, the land area saved shall be used only for open space, landscaping or pedestrian walkways.

(3) A minimum of one space per dwelling unit must be outside of a private enclosed garage and accessible to guests.

(4) For the purposes of this section, an "efficiency unit" shall mean a one-story room, the size of which may not exceed 500 square feet, that is not susceptible to permanent division and that contains a kitchen or kitchenette and not more than one bathroom. An efficiency or room that is larger than 500 square feet is considered to be a "one-bedroom unit" for the purposes of this Code. An accessory room shall mean any room in a dwelling unit other than a bedroom, bathroom, kitchen or one living room, one dining room or living-dining room combination, including, but not necessarily limited to, a den, library, family room, game room, patio room, Florida room, bar, nursery, etc. Any room as defined as being an "accessory room" is to be treated in the same manner as a bedroom, and required parking shall be computed accordingly. This shall apply to all residential buildings except detached single-family dwellings.

§ 115-163 Interpretation of requirements.

The following shall apply in the interpretation of the requirements of § 115-162:

A. The parking requirements in the chart are in addition to space for storage of trucks or other vehicles used in connection with any use.

B. The parking requirements in this Article do not limit other parking requirements contained in the district regulations.

C. The parking requirements in this Article do not limit special requirements which may be imposed with large-scale developments, conditional uses (Article XXIV) or special exceptions (Article XVII).

D. Floor area shall be as defined in § 115-4.

E. Where fractional spaces result, the parking spaces required shall be construed to be the highest whole number.

F. Except as otherwise provided, the number of employees shall be compiled on the basis of the maximum number of persons employed on the premises at one time on an average day or average night, whichever is greater. Seasonal variations in employment may be recognized in determining an average day.

G. The parking space requirements for a use not specifically listed in the chart shall be the same for a listed use of similar characteristics of parking demand generation.

H. In the case of mixed uses, uses with different parking requirements occupying the same building or premises or in the case of joint use of a building or premises by more than one use having the same parking requirements, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

I. Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need under the requirements of this Article for an increase in parking spaces of 10% or more than those required before the change or enlargement, such additional space shall be provided on the basis of the change or enlargement. No additional spaces shall be required for the first change or enlargement which would result in an increase of spaces of less than 10% of those required before the change or enlargement, but this exception shall not apply to a series of changes or enlargements which together result in a need for an increase in parking space of 10% or more.

J. The parking requirement, if any, for a home occupation or home office shall be determined by the Director, subject to review by the Board of Adjustment. In any event, the front yard shall not be used for the required parking spaces, and parking spaces shall not be less than five feet from any property line.

§ 115-164 Modification of requirements.

Where, in the judgment of the Planning and Zoning Commission, the parking requirements listed in § 115-162 are clearly excessive and unreasonable, the Commission may modify the requirements.

§ 115-165 Joint use and off-site facilities.

A. All parking spaces required herein shall be located on the same lot with the building or use served.

B. Shared parking. The Planning and Zoning Commission may authorize a reduction in the number of required parking spaces for multiple use developments or for uses that are located near one another with a maximum distance from the farthest parking space (or in the case of a parking garage, the pedestrian entrance to the garage) of 600 feet to the public entrances or a lighted, semi-weather-proofed covered walkway leading to the public entrances for commercial uses and with a maximum distance of 600 feet (or in the case of a parking garage, the pedestrian entrance to the garage) to the residential entrances that are being considered in the shared uses and, which have different peak parking demands and operating hours. Shared parking shall be subject to the following standards:

[Amended 2-14-2006 by Ord. No. 1826[1]]

(1) Location. All uses that participate in a single shared parking plan shall be located on the same lot or on lots that share a common boundary. The shared parking lot shall be developed and used as though the uses on the lots were a single unit.

(2) Shared parking study. A shared parking study signed and sealed by a Delaware licensed professional engineer in a form acceptable to the Planning Director shall be submitted which clearly establishes those uses that will utilize the shared spaces at different times of the day, week, month and year, including seasonal or mode adjustment factors. The study shall:

(a) Be based on the most current Urban Land Institute's shared parking study methodology or other generally accepted methodology;

(b) Address the size and type of activities, the composition of occupants, the rate of turnover for proposed shared spaces and the anticipated peak parking and traffic loads;

(c) Provide for a reduction by not more than 50% of the combined parking required for each use;

(d) Provide for no reduction in the number of spaces reserved for persons with disabilities;

(e) Provide a plan to convert the reserved area to parking area if it is ever required; and

(f) Be reviewed and approved by the Planning Director and the Planning and Zoning Commission.

(3) Agreement for shared parking plan. A shared parking plan shall be enforced through written agreement. An attested copy of the agreement between the owners of record shall be submitted to the Planning Director who shall forward a copy to the County Attorney for review and approval. Proof of recordation of the agreement shall be presented to the Planning Director prior to issuance of a certificate of occupancy. The agreement shall:

(a) List the names and ownership interest of all parties to the agreement and contain the signatures of those parties;

(b) Provide a legal description of the land;

(c) Include a site plan showing the area of the parking parcel and the open space reserved area which would provide for future parking and any required stormwater management facilities;

(d) Describe the area of the parking parcel and designate and reserve it for shared parking unencumbered by any conditions which would interfere with its use;

(e) Agree and expressly declare the intent for the covenant to run with the land and bind all parties and all successors in interest to the covenant;

(f) Assure the continued availability of the spaces for joint use and provide assurance that all spaces will be usable without charge to all participating uses;

(g) Describe the obligations of each party, including the maintenance responsibility to retain and develop reserved open space for additional parking spaces if the need arises;

(h) Incorporate the shared parking study by reference; and

(i) Describe the method by which the covenant shall, if necessary, be revised.

(4) Change in use. Should any of the shared parking uses be changed, or should the Planning Director find that any of the conditions described in the approved shared parking study or agreement no longer exist or if the Planning Director and Planning and Zoning Commission determine that insufficient parking is an issue, the owner shall have the option of submitting a revised shared parking study and an amended shared parking agreement in accordance with the standards of this subsection or of providing the number of spaces required for each use as if computed separately. If the Planning Director determines that the revised shared parking study or agreement does not satisfy the off-street parking needs of the proposed uses, the shared parking request shall be denied, and no certificates of occupancy shall be issued until the full number of off-street parking spaces are provided.

(5) Revocation of permits. Failure to comply with the shared parking provisions of this subsection shall constitute a violation of this Code and shall specifically be cause for revocation of a certificate of occupancy.

[1] Editor's Note: This ordinance also repealed former Subsection C, which immediately followed and provided for the establishment of shared parking spaces by covenant or agreement.

§ 115-166 Design standards.

A. Minimum area.

[Amended 3-14-2006 by Ord. No. 1831]

(1) Except for compact car parking, off-street parking spaces shall have an area of not less than 162 square feet.

(2) A maximum of 20% of the required off-street parking spaces may have an area of eight feet by 17 feet for compact cars, provided that:

(a) The space is in a commercial parking lot with over 50 required spaces.

(b) The area is clearly identified by signage or other marking.

(c) No more than four of the spaces for compact cars are placed side-by-side or eight head-to-head.

(3) Off-street parking areas that make it necessary for vehicles to back out directly into a public road are prohibited, except for dwelling units each having an individual driveway.

(4) Any authorized area savings from either a reduction below 162 square feet per lot or from the required total number of spaces for the development shall be used for open space, landscaping or pedestrian walkways.

B. Drainage and maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys and surfaced with erosion-resistant material in accordance with applicable county specifications. Off-street parking areas shall be maintained in a clean and orderly condition at the expense of the owner or lessee and not used for the sale, repair or dismantling or servicing of any vehicles, equipment, materials or supplies.

C. Separation from walkways and streets. Off-street parking spaces shall be separated from walkways, sidewalks, streets or alleys by a wall, fence or curbing or other approved protective device or by distance so that vehicles cannot protrude over publicly used areas. Parking within front yard setback shall be discouraged and subject to site plan review.

D. Entrances and exits. The location and design of entrances and exits shall be in accord with the requirements of applicable state regulations and standards. Landscaping, curbing or approved barriers shall be provided along lot boundaries to control entrance and exit of vehicles or pedestrians.

E. Interior drives. Interior drives shall be a minimum width of 24 feet.

[Amended 12-13-2005 by Ord. No. 1809]

F. Marking. Parking spaces in lots of more than 10 spaces shall be marked by painted lines or curbs or other means to indicate individual spaces. Signs or markers shall be used as necessary to ensure efficient traffic operation of the lot.

G. Lighting. Adequate lighting shall be provided if off-street parking spaces are to be used at night. The lighting shall be arranged and installed to minimize glare on property in a residential area.

H. Screening. When off-street parking areas for 10 or more automobiles are located closer than 50 feet to a lot in a residential district or to any lot upon which there is a dwelling as a permitted use under these regulations, and where such parking areas are not entirely screened visually from such lot by an intervening building or structure, there shall be provided along the lot a continuous visual screen with a minimum height of six feet. Such screen may consist of a compact evergreen hedge or foliage screening or a louvered wall or fence.

§ 115-166.1 Parking lot landscaping.

[Added 7-20-1999 by Ord. No. 1328]

In addition to the other requirements of this article, the following requirements relating to parking lot landscaping shall apply to parking in the large-scale C-1 General Commercial District for nonresidential development.

A. Parking lot landscaping. The intent of providing parking lot landscaping is to reduce the visual impact of large, expansive parking areas.

B. Interior parking lot landscaping requirements.

(1) A minimum of one landscaped island shall be required once 25 single or 25 double spaces have been exceeded. Landscaped islands shall be required, but design and layout shall be subject to review and approval by the Planning and Zoning Commission. Collector drives shall be separated from parking drives by landscaped islands. Interior parking lot landscaping shall be in addition to required landscaped buffers. Landscaping shall be either grass, ornamental landscaping or shade trees and shall be designed and maintained for safe pedestrian access and movement.